The Rules of Open Source and Collaboration: Copyright and Public License

  • Published on
    15-Jan-2015

  • View
    180

  • Download
    1

Embed Size (px)

DESCRIPTION

The Rules of Open Source and Collaboration: Copyright and Public License Collaboration is the most important feature of open source. However, does the collaborative output belongs to public property (in the public domain) and allow anyone to be able to use without restriction? In other words, could the original project owner control the subsequent use of these results by others? These issues are referred to how the original game rules be established. This lecture will overview the rules of open source collaboration within legal framework from the default rule of copyright law and the mechanism design of different open source licenses.

Transcript

  • 1. Richard Lin (legist ) richard@gitcafe.com http://about.me/richard.lin http://fb.me/legist These slides are licensed under creative commons - attribution - share alike 3.0 unported. Hong Kong Open Source Conference 2014 2014/3/29 Sat. The Rules of Open Source and Collaboration: Copyright and Public License

2. These slides are licensed under creative commons - attribution - share alike 3.0 unported. Hong Kong Open Source Conference 2014 2014/3/29 Sat. The Rules of Open Source and Collaboration: Copyright and Public License The Default Rule of Copyright and the goal of Free/ Open Source Software The Legal Framework to Protect Open Source and Collaboration: Public License and Copyleft Conclusion 3. About Me 4. About MeAbout Me Name / Nickname Richard Lin / Legist Qiang ( ) Position GitCafe, D.G.Z Information Technology Ltd. (2014- ) Legal Specialty / Campus & Community Promoter in OSSF, CITI, Academia Sinica (2009-2014) Publish (in Chinese) Legal Issues On OSS commercial application Empowering Citizens with Data: An Open Government Data Handbook (slideshare) 5. About GitCafe 6. GitCafeGitCafe 7. GitCafeGitCafe 8. Project HostingProject Hosting Create project on GitCafe, upload the source code managed by Git. Within 5 minutes, you will have a powerful platform to show your project to the world. 9. Join CommunityJoin Community GitCafe is more than project hosting. It's a great community made up of hackers and makers who want to make cool stuffs together. 10. Collaborative Team WorkCollaborative Team Work Need people to collaborate to your project? That's what GitCafe about! You can get involved in others' projects or vice versa just with few clicks. 11. GitCafeGitCafe GitCafe Project Hosting Git Join Community Team Work Open Source Activities in Campus and Community Lecture/ Speech Workshop Hackathon 12. Disclaimer 13. DisclaimerDisclaimer These slides are published by and refects the personal views of Richard Lin, in his individual capacity. It does not represent the views of any communities, organizations, companies, or entities. 14. Here we go! 15. These slides are licensed under creative commons - attribution - share alike 3.0 unported. Hong Kong Open Source Conference 2014 2014/3/29 Sat. The Rules of Open Source and Collaboration: Copyright and Public License The Default Rule of Copyright and the goal of Free/ Open Source Software The Legal Framework to Protect Open Source and Collaboration: Public License and Copyleft Conclusion 16. Intellectual Property: CocaColaIntellectual Property: CocaCola http://www.colorcn.com.cn/UpLoadFiles/pic/2007-7/2007072614015243711.jpg 17. Copyright: Protect Expression, not ideaCopyright: Protect Expression, not idea http://byfiles.storage.live.com/y1p_GGIwBtrLLjVacYuiWIPhc8OVJta1Hw4r5Rr84yef7u3FggNVSHQbdlMmG4LulDuz7NKFe4g28k 18. Patent: Whole new technologyPatent: Whole new technology Jo and Paul (CC) by-nc-sa 2.0 : http://www.fickr.com/photos/24637969@N00/2730911205/lightbox/#/photos/24637969@N00/2730911205/ 19. Trade Mark: BrandingTrade Mark: Branding CC - 3.0 Coca-Cola Coke 20. Trade Mark: BrandingTrade Mark: Branding Coca-Cola Coke 21. Trade Secret: RecipeTrade Secret: Recipe Just keep the secret No registration What's the secret in an open source project? CC : http://1.bp.blogspot.com/_BlU5V5BaMjY/SkOUBHQH84I/AAAAAAAAE_Q/5Vv3qP7ZYao/s1600/CokeSecretIngredient.JPG ( ) http://www.digitaldeliftp.com/Images/pings/secret_formula_230x150.png ( ) 22. CopyrightCopyright Copyrighted Work Public Domain Free Proprietary Software Public Domain 23. CopyrightCopyright Copyrighted Work Public Domain Free All Rights Reserved Proprietary Software Public Domain 24. CopyrightCopyright Copyrighted Work Public Domain Free Proprietary Software Public Domain 25. CopyrightCopyright Copyrighted Work Public Domain Free Proprietary Software Public Domain No Rights Reserved 26. CopyrightCopyright Copyrighted Work Public Domain Free Proprietary Software Public Domain No Rights Reserved You can do anything you want theoretically 27. CopyrightCopyright Copyrighted Work Public Domain Free Proprietary Software Public Domain No Rights Reserved You can do anything you want theoretically ? 28. CopyrightCopyright Copyrighted Work Public Domain Free Proprietary Software Public Domain The work is over the copyright protection period or the copyright holder says: I don't hold my copyright anymore. 29. CopyrightCopyright Copyrighted Work Public Domain Free Proprietary Software Public Domain The work is over the copyright protection period or the copyright holder says: I don't hold my copyright anymore. 30. Public DomainPublic Domain 31. Public DomainPublic Domain 32. CopyrightCopyright Copyrighted Work Public Domain Free Proprietary Software Public Domain 33. CopyrightCopyright Copyrighted Work Public Domain Free Proprietary Software Public Domain Free picture? Free font? Free music? Welcom to use my work? 34. These slides are licensed under creative commons - attribution - share alike 3.0 unported. Hong Kong Open Source Conference 2014 2014/3/29 Sat. The Rules of Open Source and Collaboration: Copyright and Public License The Default Rule of Copyright and the goal of Free/ Open Source Software The Legal Framework to Protect Open Source and Collaboration: Public License and Copyleft Conclusion 35. CopyrightCopyright Gisle Hannemyr, CC by-sa 3.0 unported, http://en.wikipedia.org/wiki/File:Rms_ifi_large.jpg The world without software copyright Richard M. Stallman and Xerox http://archive.computerhistory.org/resources/physical-object/xerox/X750-86.lg.jpg 36. CopyrightCopyright The world without software copyright Richard M. Stallman and Xerox Printer After we have software copyright 1980s Business model 37. (Fake Dialogue) ( ) 38. What the F... The world without software copyright Richard M. Stallman and Xerox Printer After we have software copyright 1980s Business model (Fake dialogue) ( ) 39. CopyrightCopyright The world without software copyright Richard M. Stallman and Xerox Printer After we have software copyright 1980s Business model Richard M. Stallman: Free Software! 40. Free SoftwareFree Software Free Software Free Software Foundation (FSF) 1985- Fundamentalism 41. Free SoftwareFree Software Free Software Free Software Foundation (FSF) 1985- Fundamentalism GNU Project GNU's Not Unix 42. Free SoftwareFree Software Free Software Free Software Foundation (FSF) 1985 Fundamentalism GNU Project GNU General Public License 43. Free Software DefinitionFree Software Definition The freedom to run the program, for any purpose (freedom 0). The freedom to study how the program works, and change it to make it do what you wish (freedom 1). The freedom to redistribute copies so you can help your neighbor (freedom 2). The freedom to distribute copies of your modified versions to others (freedom 3). By doing this you can give the whole community a chance to benefit from your changes. Run the Program 44. Free Software DefinitionFree Software Definition The freedom to run the program, for any purpose (freedom 0). The freedom to study how the program works, and change it to make it do what you wish (freedom 1). The freedom to redistribute copies so you can help your neighbor (freedom 2). The freedom to distribute copies of your modified versions to others (freedom 3). By doing this you can give the whole community a chance to benefit from your changes. Study & Change 45. Free Software DefinitionFree Software Definition The freedom to run the program, for any purpose (freedom 0). The freedom to study how the program works, and change it to make it do what you wish (freedom 1). The freedom to redistribute copies so you can help your neighbor (freedom 2). The freedom to distribute copies of your modified versions to others (freedom 3). By doing this you can give the whole community a chance to benefit from your changes. Redistribute 46. Free Software DefinitionFree Software Definition The freedom to run the program, for any purpose (freedom 0). The freedom to study how the program works, and change it to make it do what you wish (freedom 1). The freedom to redistribute copies so you can help your neighbor (freedom 2). The freedom to distribute copies of your modified versions to others (freedom 3). By doing this you can give the whole community a chance to benefit from your changes. Distribute copies of modified version 47. The Free Software DefinitionThe Free Software Definition The freedom to run the program, for any purpose (freedom 0). The freedom to study how the program works, and change it to make it do what you wish (freedom 1). The freedom to redistribute copies so you can help your neighbor (freedom 2). The freedom to distribute copies of your modified versions to others (freedom 3). By doing this you can give the whole community a chance to benefit from your changes. Distribute Modify Study Run 48. The Free Software DefinitionThe Free Software Definition The freedom to run the program, for any purpose (freedom 0). The freedom to study how the program works, and change it to make it do what you wish (freedom 1). The freedom to redistribute copies so you can help your neighbor (freedom 2). The freedom to distribute copies of your modified versions to others (freedom 3). By doing this you can give the whole community a chance to benefit from your changes. Distribute Modify Study Run How about Public Domain? 49. How to protect the freedom?How to protect the freedom? Public Domain allows people to share the program and their improvements, if they are so minded. But it also allows uncooperative people to convert the program into proprietary software. People who receive the program in that modified form do not have the freedom that the original author gave them; the middleman has stripped it away. 50. How to protect the freedom?How to protect the freedom? Public Domain allows people to share the program and their improvements, if they are so minded. But it also allows uncooperative people to convert the program into proprietary software. People who receive the program in that modified form do not have the freedom that the original author gave them; the middleman has stripped it away. Public Domain can be transferred to Proprietary easily. Public Domain can not make sure the four freedoms keep going. 51. How to protect the freedom?How to protect the freedom? Public Domain allows people to share the program and their improvements, if they are so minded. But it also allows uncooperative people to convert the program into proprietary software. People who receive the program in that modified form do not have the freedom that the original author gave them; the middleman has stripped it away. Public Domain can be transferred to Proprietary easily. Public Domain can not make sure the four freedoms keep going. Public Domain is an option for copyright holder to decide how his/her work can be used by other people. 52. The Free Software DefinitionThe Free Software Definition The freedom to run the program, for any purpose (freedom 0). The freedom to study how the program works, and change it to make it do what you wish (freedom 1). The freedom to redistribute copies so you can help your neighbor (freedom 2). The freedom to distribute copies of your modified versions to others (freedom 3). By doing this you can give the whole community a chance to benefit from your changes. 53. The Free Software DefinitionThe Free Software Definition The freedom to run the program, for any purpose (freedom 0). The freedom to study how the program works, and change it to make it do what you wish (freedom 1). The freedom to redistribute copies so you can help your neighbor (freedom 2). The freedom to distribute copies of your modified versions to others (freedom 3). By doing this you can give the whole community a chance to benefit from your changes. Free = !? Free = You don't have to pay for it !? 54. The Free Software DefinitionThe Free Software Definition The freedom to run the program, for any purpose (freedom 0). The freedom to study how the program works, and change it to make it do what you wish (freedom 1). The freedom to redistribute copies so you can help your neighbor (freedom 2). The freedom to distribute copies of your modified versions to others (freedom 3). By doing this you can give the whole community a chance to benefit from your changes. Free = !? Free = You don't have to pay for it !? 55. The Free Software DefinitionThe Free Software Definition The freedom to run the program, for any purpose (freedom 0). The freedom to study how the program works, and change it to make it do what you wish (freedom 1). The freedom to redistribute copies so you can help your neighbor (freedom 2). The freedom to distribute copies of your modified versions to others (freedom 3). By doing this you can give the whole community a chance to benefit from your changes. Free = !? Free = You don't have to pay for it !? !? Statue of Gratis!? 56. The Free Software DefinitionThe Free Software Definition The freedom to run the program, for any purpose (freedom 0). The freedom to study how the program works, and change it to make it do what you wish (freedom 1). The freedom to redistribute copies so you can help your neighbor (freedom 2). The freedom to distribute copies of your modified versions to others (freedom 3). By doing this you can give the whole community a chance to benefit from your changes. Free = !? ! Defnitely NOT! 57. The Free Software DefinitionThe Free Software Definition The freedom to run the program, for any purpose (freedom 0). The freedom to study how the program works, and change it to make it do what you wish (freedom 1). The freedom to redistribute copies so you can help your neighbor (freedom 2). The freedom to distribute copies of your modified versions to others (freedom 3). By doing this you can give the whole community a chance to benefit from your changes. Gisle Hannemyr, CC by-sa 3.0 unported, http://en.wikipedia.org/wiki/File:Rms_ifi_large.jpg To understand the concept, you should think of free as in free speech, not as in free beer. 58. Free Software DefinitionFree Software Definition The freedom to run the program, for any purpose (freedom 0). The freedom to study how the program works, and change it to make it do what you wish (freedom 1). The freedom to redistribute copies so you can help your neighbor (freedom 2). The freedom to distribute copies of your modified versions to others (freedom 3). By doing this you can give the whole community a chance to benefit from your changes. But people used to misunderstand the meaning of Free 59. Free Software D...